How long does a creditor have to send a bill? I just received a bill for care given almost 4 years ago.

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How long does a creditor have to send a bill? I just received a bill for care given almost 4 years ago.

I just received a bill for chiropractic care given between 3-4 years ago. I am being billed for everything including what my insurance would have covered. About 2 years ago my employer switched insurance companies. Am I liable to pay for what my insurance would have covered when it took them almost 4 years to get me the bill?

Asked on June 8, 2012 under Bankruptcy Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The chiropractic care was provided pursuant to a contract or agreement (probably a written one, but possibly oral) to provide said services. In your state, the statue of limitations (SOL), or time to sue for breach of contract, is 6 years; that means that you may be billed, and they may take collections action (including a lawsuit) against you up to 6 years later; therefore, if the care was provided 3 - 4 years ago, they should still be within the SOL and could bill and/or sue you.

You may, however, still be able to recover the insurer's portion from your insurer at the time, since the debt arose while you were covered under their policy.


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